Karnataka High Court
State Of Karnataka By vs Srikanth Ilegar on 28 March, 2019
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH 2019
BEFORE
THE HON' BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION No.2142/2018
A/W
CRIMINAL PETITION Nos.2143/2018, 2144/2018,
2145/2018, 2147/2018, 2148/2018, 2149/2018,
2150/2018, 2151/2018, 2152/2018, 2153/2018,
2154/2018, 2259/2018, 2405/2018, 2406/2018,
2407/2018, 2408/2018, 2409/2018, 2410/2018,
2411/2018 2414/2018, 2416/2018, 2423/2018,
2668/2018, 2671/2018, 2672, 2018, 2673/2018,
2674/2018, 2675/2018, 2676/2018, 2677/2018,
2875/2018, 2876/2018, 2878/2018, 3152/2018,
3153/2018, 3154/2018, 3981/2018, 4426/2018,
4427/2018, 4438/2018
In Crl.P.No.2142/2018
BETWEEN:
State of Karnataka by
Suratkal Police Station,
Represented by State Public
Prosecutor,
High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.Rachaiah, HCGP)
AND:
Srikanth Ilegar,
Aged about 45 years,
S/o Maruthi Illegar,
Near Bharath Welding Factory,
2
Shiggaon,
Haveri District-581205.
...Respondent
(Notice to respondent is dispensed
with vide order date 28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 08.12.2017, passed by the Principal
District and Sessions Judge, D.K., in
Spl.Case.No.232/2016, wherein the Special Court was
pleased to transmit the records of the case to the I
Additional CJM Court.
In Crl.P.No.2143/2018
BETWEEN:
State of Karnataka by
Suratkal Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.Rachaiah, HCGP)
AND:
Babu @ Saheba,
Aged 38 years,
S/o Mohammed Saheb,
R/at.Santheguli,
Near Jumma Masjid,
Kumta-581 343.
...Respondent
(Notice to respondent is dispensed
with vide order date 28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 15.12.2017, passed by the Principal
3
District and Sessions Judge, D.K., in
Spl.Case.No.200/2016, wherein the Special Court was
pleased to transmit the records of the case to the I
Additional Civil Judge and CJM Court, Mangalore.
In Crl.P.No.2144/2018
BETWEEN:
State of karnataka by
Surathkal Police Station
Mangaluru
Represented by State public
Prosecutor, High Court Building,
Bengaluru-1
...petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Srinivasan @ Naveen
S/o late Lakshminarayan,
No.9/1, New no.60
28th Cross Road, Besent Nagar
Chennai 600090
2. K C Shivashankar Reddy
R/At Channadasarapalli
Pendalimari Mandala
Kadapa District
Andhra Pradesh State 516003
3. K Rajamohama Reddy
R/At Chabali , Kadapa District
Andhra Pradesh State 516003
4. Mohammed Harshad
S/O Sheik Ibrahami
R/o makandar galli,
Bandivad Bagh
Hubbali 580020
4
5. Ganapathi
S/O Late Vittalarao
R/O House No.17-2
Bendigeri Galli
Kustagi, Kalaghatagi Taluk 584121
6. Saver K Fernandes
S/O K Gifan
R/o vajrathi yallappura taluk
Uttara kannada district 581359
7. Syed Althaf
S/O Moinuddhin Navloor
R/o Nava Ayodhya Nagar,
2nd Cross, Old Hubli 580020
8 .Manjunatha
S/o Virupakshappa
R/o Hosalapura Bidnal
Dharwad District 580007
9. Mohammed Kutti
Owner, Vijay Roadways
104, 1st Main Road,
KPN extension
Bengaluru 560018
10. Khaji Sab
S/O Rustum Sab Kati
R/O Bidnal Taluk,
Hubbali 580020
11. Muktam Sab
S/O Raje Sab Mishra Koti
R/O Mishrakoti Mahaldar Galli,
Hubballi 580020
12. Doreswamy
S/O Late Alagappa Konar
R/O No.1, Sss Building
1st Main Road,
5
Chamarajpet
Bengaluru 560018
13. C Sriramulu Reddy
S/O C Chinnabali Reddy
R/O NO.1, 1/22,
Ramaraju Pillai Village,
Kadapa District (A.P) 516003
14. Shanthappa Chandrappa Basti
R/O NO.226/D, Arogeri Batti
Gadag 582101
15. Chandragudda Venkataramana Gudda
S/O Adappa Goudar
R/O Near Maruthi Temple
Sulkoti, Gadag 582101
16. Gulab Mehaboob
R/O Bepari Heerapete
Old Hubballi 580020
17. E Harikrishna
S/O E Kumbaram
R/O Na 99, T S P Colony
T B Dam, Hospete Taluk 583201
18. Ganeshan
S/O Kaliyanna Goundar
NO.83-1 main road
K P N extension
Bengaluru 560002
19. M R C Palaniswamy
S/O M R Chinnappa Goundar
134 Main Road
New Taragu Pete
Bengaluru 283284
20. R Mani
S/O Ramaswamy
6
NO.22, 1ST Cross,
Chamarajpet,
Bengaluru 560018
21. Mohammed Rafi A Sheik
S/O Ahmed Sheik
Hallikoppa Mundgodu
Uttara Kannada District 581349
22. M/S Meghraj Transport
Owner, M/S meghraj transport
Main road, Gajendragada
Rona taluk 582209
23. Alimuddhin Mulla
S/O Anodhin Mulla
R/O Ambedkar Oni,
Mundagodu Taluk,
Uttara Kannada District 581349
24. Abdul Khadir Pillu
S/O Mohammed Gouse Pillu
R/O Y B Road
Mundagodu
Uttara Kannada District 581349
25. Ashok Madhukar Patel
S/O Madhukar
R/O Sangameshwara
Kalagatagi Taluk , Kalagatagi
Dharwad District 581204
26. Nisar Ahmed
S/O Abdul Rasool Pardewal
R/O Yellapura Oni, M D Colony
Hubballi 580020
27. S Venkateshan
S/O Sengoda Goundar
R/O Ujakorai,
Nagichettipatti Post,
7
Sankari taluk,
Salem district (T.N) 636001
28. Santhosh
S/O Yeshwantrao Boshle
R/O KHB Colony, Bijapur 586101
29. Subhash Ramachandra Hosamani
S/O Ramachandrappa Hosamani
Owner, 95, Padmambha Transoport
Garden Pete, P B Road, Hubballi
House NO.95, Vijayanagara
Hubballi 580020
30. Yeshwantrao
S/O Grayanuba Bhosle
Owner, Karnataka Sawmill
A/P Bagalkot 587103
31. N Dada Abdulla
S/O Babaiah
R/O NO.15, Ward NO.31,
Chikkaballapura 562101
32. Devareddy Kariyappanavar
S/O Ningappa
R/O Binkada Katte, Gadag 582101
33. P Nagaraju
S/O P Pullappa
R/O Kavooru Nagar,
Near Sai Baba Temple
Ananthapur District (A.P) 515001
34. Suresh
S/O Puttaswamy Gowda
R/O 1ST Cross, P B Road
New Gabburu, Hubballi 580020
35. Rajesh
S/O Rajashekar Indi
8
M/S N G Indi
Indi Petrol Bunk
Karwar Road,
Hubballi 580020
36. Kiran Singh
S/O Kalyan Singh Rajpoot,
R/O Behind Flat No.23-25
Akshaya Enclave,
Guloor Housing Society
Kushugal Road,
Opposite To Woodland Hotel
Keshavapura, Hubballi 580020
37. Mr Prakash
S/O Ayyanar
R/O 30/2/3,
Muniyappan Temple Street
Salem (T.N) 636001
38. Fatesh
S/O Mahaboob Sab Atter
R/O Bardiwan Choul Diddi Oni
Near Indi Pump
Old Hubballi , Hubballi 580020
39. Ameeruddin Abdul Raheman Mangalagatti,
S/O Abdula Raheman
(1) R/O House No.13, New Lingapura
Koppal Taluk & District
(2) NO.18/4, Dayananda Colony
Bengeri Main Road, Hubballi 580020
40. Nagaraj
S/O Shettappa
R/O Yerigoppa Village,
Dharwad Taluk & District 580001
41. Yellappa Lakkappa Konnenooru
S/O Lakkappa Konnenooru
R/O Kiravathi Post
9
Hosalli Vilalge, Yellapura Taluk
Karwar District 581359
42. Arun Veerappa Naik
S/O Veerappa Naik
R/O Keravatti Addina Sherav
Yellapura Taluk, Karwar District 581359
43. Allabakash H Nungekar
S/O Hasham Sab
R/O Patan Sab Chal Vishalnagar
Gudal Road, Old Hubballi 580020
44. Kallappa
S/O Mahadevappa Kammar
R/O Jilavantar Post & Village
Kalagatagi Taluk, Dharwad District 581204
45. Basavaraju
S/O Devappa Poojary
R/O House No.65, Maruthi Nagar,
Gokula Road, Hubballi
Dharwad District 580020
46. Rajan M V
S/O Raghava Mannatiyar
R/O Vadakka Adiyarath House,
Kalluru Post, Palakad Taluk
Kerala District 678001
47. Erayya Gudadirayya
S/O Gudadirayya
R/O Chinchalli Gajanoor Post,
Shirahatti Taluk, Gadag District 582101
48. Prakash
S/O Puttaswamy Gowda,
R/O Near Kegodu New Gabbar
By Pass Water Tank
P.B Road, Hubballi 580020
10
49. Manjunatha
S/O Sharanappa
R/O janata post
Kambli soodi village,
Rona Taluk, Gadag District 582101
50. Somappa
S/O Hudchappa Talwar
R/O Valmiki Circle
Shirahalli Post & Taluk,
Gadag District 582101
51. Abdul Razak
S/O Kadeejisab Byrekidar
R/O Near Basavana Devara Temple
Hosur Oni, Nagagunda Taluk
Gadag District 582207
52. Babu
S/O Papachan
R/O Terangod House,
Keralashiyari Post,
Palkad Taluk, (Kerala) 678001
53. Manikantan
S/O Subramaniyan
R/O Veddikkadiyarath House
Kalluru Post, Palakad Taluk & District,
Kerala 678001
54. Prakash Bheemappa Aloor
S/O Bheemappa
R/O Malagi Village & Post,
Songal Oni, Mundagud Taluk,
Karwar District 581349
55. Khaja Sab Kate
S/O Rushthusab Sab Kate
R/O Janata Flat, Hulagur
Shiggov Taluk,
Haveri District 581205
11
56. Ningappa
S/O Mahadevappa Madivalar
R/O Madivalar House
Kamadenu Village
Dharwad District 580001
57. Suresh
S/O Nagappa Apuli
R/O Konnuru Halli Mane
Muddebihal Taluk,
Bijapura District 586212
58. Shankara M
S/O Murugan A
R/O Ambedkar Nagara
Mangalapura Post
Rashipuram Taluk,
Namakal District (T.N) 637001
59. Eranna
S/O Mylarappa
R/O Kulageri Cross House,
Badami Taluk,
Bagalkot District 587201
60. Hanumanthappa
S/O Chennappa Sandigowda
R/O Ramenahalli House
Mundaragi Road,
Petalooru Post, Rona Taluk
Gadag District 582209
61. Somalinga
S/O Mahadevappa
R/O Gurumata House
Basaveshwara Nagara
Kalagatagi, Dharwad District 581204
62. Mallesh Sagannavar
S/O Shankarappa Sagannanavar
12
R/O Near Kattnoor Giriyal
Panduranga Temple
Eshwara Nagara road
Old Hubballi 580020
63. Venkatesha
S/O Kanakappa Budiyal
R/O Near Maruthi Nagar Bus Stop
Gokula Road, Hubballi 580020
64. Alex Goutam
S/O M Thangaraj
R/O Ambedkar Nagar
Mangalapuram post,
Rashisara Taluk,
Namakal Dist
Tamil Nadu 637001
65. Murugan
S/O Gopal
R/O Mondagudu House,
Koppanooru Village, Sangagiri Taluk,
Selam District (TN) 636001
66. Mani
S/O Muthuswamy
R/O Pattapalayam Sangageri Taluk,
Salem District (TN )636001
67. A Senthil Kumar
S/O Arjunan
R/O Sengutti Ichambadi Post
Aroor Taluk,
Dharmapuri District (TN) 636701
68. Mahendra
S/O Pattiyappan
R/O Tamori Nagar
Kilmorpura Post
Aroor Taluk 636701
13
69. C Selva Kumar
S/O Chinnaswamy
R/O Sengutta Ichandadi Post,
Aroor Taluk, Dharmapuri District (TN) 636001
70. Uttaraswamy
S/O Late Nateshan
R/O Vedankadu, Vallerivalli Post
Serikeri Taluk, Salem District 636001
71. Nagaraj
S/O Gangappa
R/O Azad Nagar, Anantappur District
Andra Pradesh 515001
72. Muttappa Govindappa
S/O Govindappa
R/O Ramenahalli Petala Post,
Rona Taluk, Gadag District 582101
73. Basavaraj
S/O Hanumanta
R/O Ajith Nagara
Opposite To Ksrtc Bus Depot
Hospet 583201
74. Venkatesha
S/O Srirangan
R/O Koneri Patti House And Post,
Yedappadi Taluk,
Salem District (T.N) 636001
75. Parameshi
S/O Maruthiyappa
R/O Kelalagina Katti
Kalagatagi Taluk,
Karwar Road
Dharwad District 581204
76. Dadasab Kalegar
S/O Pakrusab Kalegar
14
Navalgunda Taluk,
Dharwad District 582208
77. Mahalingam
S/O Perumal
R/O Malaikarappa Swamy Temple House,
Michal Paleyam Post,
Ambiyoor Village
Erode District (TN) 638001
78. Mahantesha
S/O Ramanna Bhadrananna Navar
R/O Thirdigere Oni, Mulagund Village
Gadag Taluk & District 582101
79. Krishna Appu Siddi
S/O Appu Siddi
R/O Kalamanagara Village
Court Road, Yellapura Taluk
Karwar District 581359
80. Chennappa Nagappa Padappad
S/O Nagappa
R/O Near Yemanoor Changadeva Temple
Navalgund Taluk
Dharwad District 582208
81. Mallesh
S/O Jambaiah
R/O Yemanoor Village,
Navalgund Taluk,
Dharwad District 582208
82. Khadar Basha
S/O Hyder Sab
R/O Veloor Road, Sharanapuram
15-97, Chithoor District (A.P) 577001
83. Mallikarjuna
S/O E Hanumantha
R/O 1/34, Tenegal Colony
15
Kundur Post & Taluk
Anantapur District (A.P) 515001
...Respondents
(Respondent Served and Unrepresented)
This criminal petition is filed under Section 482 of
Code Of Criminal Procedure praying to set aside the
order dated 02.01.2018 passed by the Principal District
And Sessions Judge, D.K., Mangalore in
Spl.C.no.124/2017 wherein the Special Court was
pleased to transmit the records of the case to I
Additional C.J.M. Court, Mangalore.
In Crl.P.No.2145/2018
BETWEEN:
State of Karnataka by
Punjalkatte Police Station,
Belthangady Circle,
Dakshina Kannada,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Suder Padival,
Aged 47 years,
Belthangady Taluk,
Dakshina Kannada District-574 214.
2. Krishnappa,
Aged 42 years,
Kalkani, Belthangady,
Kasaba Village,
Belthangady Taluk,
Dakshina Kannada-574 214
16
3. Sadeeq,
S/o Mohammad,
Aged 31 years, Moddadka House &,
Kuvettu Village, Belthangady Taluk,
Dakshina Kannada-574 214.
...Respondents
(Respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 16.12.2017 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.116/2017 wherein
the Special Court was pleased to transmit the records of
the case to the Additional Civil Judge and JMFC,
Belthangady.
In Crl.P.No.2147/2018
BETWEEN:
State of Karnataka by
Bajpe, Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Gangadhara Kottary,
S/o Venkappa Kottary,
Major,
R/o.Mahadevi Compound,
Janatha Colony,
Graveyard Road,
Surathkal, Mangaluru-575 014.
2. Kishan.B.Shetty,
Aged 31 years,
S/o Babu N Shetty,
17
R/o Maravooru Beedu House,
Kenjaru Village,
Mangaluru Taluk,
Mangaluru-575 001.
...Respondents
(Respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 08.12.2017 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.240/2016 wherein
the Special Court was pleased to transmit the records of
the case to the JMFC II Court, Mangalore.
In Crl.P.No.2148/2018
BETWEEN:
State of Karnataka by
Mulki Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Halappa,
Aged 37 years,
S/o Hanumanthappa,
R/o Hugunikere,
Nandagate Village,
Mundagodu Taluk,
Karwar District-581 349.
2. Ashoka,
Aged 23 years,
S/o Annu, R/o Muramkala House,
Nelyadi Village & Post,
18
Puttur Taluk,
Dakshina Kannada District-574 201.
...Respondents
(Respondents served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 11.12.2017 passed by the Principal District
and Sessions Judge, D.K, Mangalore in
Spl.C.No.186/2016 wherein the Special Court was
pleased to transmit the records of the case to the JMFC,
Moodbidre.
In Crl.P.No.2149/2018
BETWEEN:
State of Karnataka by
Uppinangady Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Harisha,
Aged 32 years,
S/o Channappa Naik,
Anedka House,
Shanthigodu,
Puttur Taluk-574 201.
2. Prabhakara Alva,
Aged 53 years,
S/o Narayana Alva,
Koppadabettu House,
Barya Village & Post,
Belthangady Taluk-574 214.
...Respondents
19
(Notice to respondents dispensed
with V/o dated 28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 16.12.2017 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.32/2017 wherein
the Special Court was pleased to transmit the records of
the case to the Senior Civil Judge and JMFC,
Belthangady.
In Crl.P.No.2150/2018
BETWEEN:
State of Karnataka by
Konaje Police Station,
Mangaluru South Sub Division,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Ashraf,
Aged 42 years,
S/o.Mahammed,
Aithakumeri,
Salethuru, Kolnadu Village,
Bantwala,
Dakshina Kannada District-574 211.
2. Ashoka,
Aged 29 years,
S/o Krishnappa,
Chipparu, Paivalike,
Manjeshwara,
Kasaragod, Kerala-671 351.
...Respondents
20
(Notice to respondents dispensed
with V/o dated 28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 16.12.2017 passed by the Principal District
and Sessions Judge, D.K, Mangalore in
Spl.C.No.73/2017 wherein the Special Court was
pleased to transmit the records of the case to the Senior
Civil Judge and JMFC, Bantwal Court.
In Crl.P.No.2151/2018
BETWEEN:
State of Karnataka by
Surathkal Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Philip Mendonza,
S/o John Mendonza,
Aged 50 years,
Santhuru Kopla
Udupi District-576 101.
2. Satish Shetty,
S/o Vittal Shetty,
Aged 40 years,
5th Cross Road, Bejai,
Mangaluru-575 001.
...Respondents
(Notice to respondents dispensed
with V/o dated 28.03.2019)
21
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 15.12.2017 passed by the Principal District
and Sessions Judge, D.K, Mangalore in
Spl.C.No.241/2016 wherein the Special Court was
pleased to transmit the records of the case to the I
Additional Senior Civil Judge and CJM, Mangalore.
In Crl.P.No.2152/2018
BETWEEN:
State of Karnataka by
Bajpe Police Station
Represented by State Public
Prosecutor, High Court Builidng,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Abdul Raheem,
Aged about 37 years,
S/o Abdul Razak,
R/o Mahaveera Nagara,
Mantradi Post and Village-575001.
2. Satish,
Aged 40 years,
S/o Kutti,
R/o Margadangadi,
Muthoor Village,
Kuppepadvu Post,
Mangalore Taluk-575 001.
...Respondents
(By Sri.Jeevan K., Advocate)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 16.12.2017 passed by the Principal District
22
and Sessions Judge, D.K, Mangalore in
Spl.C.No.243/2016 wherein the Special Court was
pleased to transmit the records of the case to the JMFC
II Court, Mangalore.
In Crl.P.No.2153/2018
BETWEEN:
State of Karnataka by
Puttur Rural Police Station
Represented by State Public
Prosecutor, High Court Builidng,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Krishnappa,
Aged about 42 years,
S/o Shivappa,
Near Mahalingeshwara Temple,
Puttur Kasaba, Puttur-574 201.
2. Smt.Chitra,
W/o Jagadeesh Badanaje,
Badanaje House,
Vitla Kasaba, Vitla Village,
Bantwal Taluk,
Dakshina Kannada-574 211.
...Respondents
(Respondents served-unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 15.12.2017 passed by the Principal District
and Sessions Judge, D.K, Mangaluru in
Spl.C.No.54/2017 wherein the Special Court was
pleased to transmit the records of the case to the
Additional Civil Judge and JMFC, Puttur.
23
In Crl.P.No.2154/2018
BETWEEN:
State of Karnataka by
Bajpe Police Station
Represented by State Public
Prosecutor, High Court Builidng,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Mohammed Sharif,
Aged about 38 years,
S/o G.K.Mohammed,
R/at, Thenka,
Yadapadhav Village,
Gurupura Post,
Mangalore-575 001.
...Respondent
(Notice to respondent dispensed
with v/o dated 28.03.2019))
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 08.12.2017 passed by the Principal District
and Sessions Judge, D.K, Mangalore in
Spl.C.No.162/2017 wherein the Special Court was
pleased to transmit the records of the case to the
JMFC-II Court, Mangalore.
In Crl.P.No.2259/2018
BETWEEN:
State of Karnataka by
Panambur Police Station,
Represented by State Public
Prosecutor,
24
High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Sri.Yathish @ Yathish Shetty,
Age 30 years,
S/o Raghunath Shetty,
R/o Manjunat Nilaya
Kolasalotu House,
Kencharu Anche & Village
Bajpe Mangaluru-574 142.
2. Sri.Ravi @ Ravi R Shetty,
Age 30 years,
Son of Rajendra Shetty,
R/o Door No.2-157,
Durga Nilaya, Guddottu House,
Kembar, Mangaluru-574 142.
3. Sri.Ismail @ Mohammed Ismail,
Age 40 years,
Son of M.Khalid,
R/o Door No.25-26-2004/2,
Near 2nd Bridge,
Jeppu, Mangaluru Taluk-574 142.
4. Sri.Mohammed Kasim,
Age 33 years,
Son of Mohameed Rahim,
R/o Door No.Ward No.15,
Near Bhagavathi Temple,
Damgtti Village and Post,
Sour Bazaar Police Station,
Sahasra District Bihar State,
Hali Resident: Rented House
of Chandrashekar,
Urundhadi, Panjimogur Post,
Kavoor Village, Mangaluru.
25
5. Byju P M,
Age 30 years,
Son of Krishnan,
R/o Mele Kollarambattu House,
Cholur Post,
Pulakodu Village,
Calicut Taluk and District,
Kerala State-673 001.
6. Binu V.,
Age 32 years,
Son of D.Gopala Krishnan,
R/o Valiyeru House,
Ward No.1, Madavur Village,
Yeravanur Post,
Near Angathaya Maszid,
Narikanni, Kojikyud,
Kerala State-673 001.
...Respondents
(Notice to respondents dispensed
with v/o Dated 28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 11.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.242/2016 wherein
the Special Court was pleased to transmit the records of
the case to the JMFC-II Court, Mangaluru.
Crl.P.No.2405/2018
BETWEEN:
State of Karnataka by
Bantwal Rural Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
26
AND:
1. V.H.Basheer,
S/o Hussainabba,
Age 49 years,
Owner of the Lorry
KA-19-C-9596,
Vas lane Halmatta,
Mangalore-574 2014.
2. Nawaz,
Driver of the Lorry,
KA-19-C-9596,
Age 36 years,
R/o Kundala House,
Vas Lane
Halmatta-574 214.
3. Mohammed Rafeeq,
Owner and Driver of the Lorry,
KA-19-AA-2614,
S/o G.P.Abubaker,
Age 40 years,
Mannagudde House,
Addoor Post,
Mangalore Taluk-574 214.
...Respondents
(Respondents served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 02.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.4/2017 wherein
the Special Court was pleased to transmit the records of
the case to the Additional Civil Judge and JMFC,
Bantwal.
27
Crl.P.No.2406/2018
BETWEEN:
State of Karnataka by
Bantwal Rural Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Ibrahim K.,
Age 47 years,
S/o Moosa Byari,
R/o Vakkathuru House,
Village Post,
Bantwal, Mangalore
Dakshina Kannada-574 211.
2. Mohammed. K.,
S/o Hasainar,
Age 30 years,
R/at Kote Gudde,
Village, Bantwal Taluk,
Dakshina Kannada,
Mangalore-574 211.
3. Abdul Latheef.G.P.,
S/o G.P.Abubaker,
Age 40 years,
R/at Mannauguda House Addor,
Village, Mangalore,
Dakshina Kannada-575 001.
4. Ashwini S Shetty,
Husband:Sampath Shetty,
Age 27 years,
R/at Padav Village House,
28
Dakshina Kannada-575 001.
5. Praveen,
Father: Veerappa Gowda,
Age 29 years,
R/at Elenthila Village,
Beltangady Taluk,
Mangalore,
Dakshina Kannada-574 214.
...Respondents
(Respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 02.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.18/2017 wherein
the Special Court was pleased to transmit the records of
the case to the Additional Civil Judge and JMFC,
Bantwal.
Crl.P.No.2407/2018
BETWEEN:
State of Karnataka by
Belthangady Police Station,
Represented by State Public
Prosecutor,
High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Ashraf,
S/o Hameed,
R/at No.1-70,
Mustaf Manjil,
Benjanapadavu Post,
Ammunje,
29
Bantwal-574 211.
...Respondent
(Respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 13.12.2017 passed by the Principal District
and Sessions Judge, D.K, Mangaluru in
Spl.Case.No.231/2016 wherein the Special Court was
pleased to transmit the records of the case to the
Additional Civil Judge and JMFC, Belthangady.
Crl.P.No.2408/2018
BETWEEN:
State of Karnataka by
Bajpe Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Kiran Monthero,
Age 46 years,
S/o Poul Montharo,
R/at Door No.2/220,
Kundhodi Mane,
Thenka Yedapadavu Village,
Mangaluru Taluk-575 001.
...Respondent
(By Sri.Jeevan.K., Advocate)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 05.01.2018 passed by the Principal District
and Sessions Judge, D.K, Mangaluru in
Spl.C.No.3/2017 wherein the Special Court was pleased
30
to transmit the records of the case to JMFC Court-II,
Mangaluru.
Crl.P.No.2409/2018
BETWEEN:
State of Karnataka by
Bantwal Rural Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Noushad,
Age 29 years,
S/o Isaac, Occ: Driver,
R/at Muttur Site mane,
Muttur Village,
Bantwal Taluk-574 211.
2. Aboobakkar-Siddique,
Age 29 years,
Son Abdul Khader,
Occ:Coolie, R/at No.3-197-2,
Nalaichil, Kolavoor Village,
Mangaluru Taluk-575 001.
...Respondents
(Notice to respondent served-unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 29.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.177/2017 wherein
the Special Court was pleased to transmit the records of
the case to Additional Civil Judge, JMFC, Bantwal.
31
Crl.P.No.2410/2018
BETWEEN:
State of Karnataka by
Ullal Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Mahammad
Age 25 years,
S/o Abdul Rehaman,
Occ: Driver, R/o Nekkare mane,
Kalanja Village,
Belthangady Taluk-574 214.
...Respondent
(Notice to respondent dispensed with V/o
Dated 28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 10.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.36/2017 wherein
the Special Court was pleased to transmit the records of
the case to II-JMFC, Mangalore.
Crl.P.No.2411/2018
BETWEEN:
State of Karnataka by
Kadaba Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
32
AND:
1. Arun M,
Age 37 years,
S/o Puttanna Gowda,
Occ:Agriculture & Business,
R/o Nayarkallu Mane,
Amaramudnur Village,
Sulya Taluk-571 237.
2. Subramanya,
Age 35 years,
S/o Chennappa Gowda,
Occ: Driver
R/o Yenkallu Mane,
Nayarkallu Mane and Post,
Yenkallu Village,
Sulya Taluk-571 237.
...Respondents
(By Sri.Arun Shyam, Advocate)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 19.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.5/2017 wherein
the Special Court was pleased to transmit the records of
the case to Additional Civil Judge and JMFC Court,
Puttur.
Crl.P.No.2414/2018
BETWEEN:
State of Karnataka by
Bantwal Rural Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
33
AND:
1. Mohammad Anwar,
Age 27 years,
S/o Shaube,
R/o D.No.1-184,
Fathima Manz House,
Thumbe Village,
Bantwal Taluk, D.K.-574 211.
2. Abdul Sattar,
Age 33 years,
S/o Mohammed,
R/o Kawalpadoor,
Buntwala Taluk,
Mangalore, D.K-574 211.
3. Mohammed Bukari.K.,
Age 37 years,
S/o Abdul Khadar,
R/o Kumpalamajalu House,
Parangipet Post,
Bantwala, Mangalore,
Dakshina Kannada-574 211.
4. Umarabba,
Age 43 years,
S/o Khadhar.K.,
R/o Kavalkatte Bantwal Taluk,
Mangalore,
Dakshina Kannada-574 211.
5. Mohammed Haneef,
Age 38 years,
S/o Abbas,
R/o Monaka Dream
House Madoor,
Kotekar, Mangalore,
Dakshina Kannada.
6. Satish Poojari,
34
Age 36 years,
S/o Seena Poojari,
R/o Rengodi Thubay Village
And Post, Bantwal Taluk,
Dakshina Kannada-574 211.
...Respondents
(Notice to respondents-served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 20.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.10/2017 wherein
the Special Court was pleased to transmit the records of
the case to Additional Civil Judge And JMFC Court,
Bantwal.
Crl.P.No.2416/2018
BETWEEN:
State of Karnataka by
Mangaluru Rural Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Sri.Surendra Kambli,
Age 48 years,
S/o Late Bhoja Kambli,
Occ:Business,
Adyare Village and Post,
Mangaluru Taluk (D.K)-575 001
2. Sri.Jayasheela Adyanthaya,
Son of Vasu Adyanthaya,
Occ: Bus Owner,
R/at Daddolike Mane,
35
Adyare, Adyare Village,
And Post, Mangaluru-575 001.
3. Sri.Yadayya.V.,
Age 38 years,
Son of Sambaiah,
Occ:Lorry Driver,
R/at Dindimandala Mane,
Bongale, Nalagonda District,
Andra Pradesh State.
4. Sri.M.K.Soman,
Age 62 years,
Son of Krishnan,
Occ:Lorry Driver,
R/at Muttaniserile House,
Thadamane Post,
Near Chirupuja,
Kasaragodu District,
Hosadurga Taluk,
Kerala State-671121.
5. Sri.E.Ramulu,
Age 32 years,
Son of Chinnaiah,
Occ: Lorry Driver,
R/at Chinnakaparthi Post,
Chityala Mandala Panchayat,
Nalagonda District,
Andra Pradesh-508 001.
...Respondents
(Notice to respondents-served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 03.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.203/2016 wherein
the Special Court was pleased to transmit the records of
the case to III-JMFC, Mangalore.
36
Crl.P.No.2423/2018
BETWEEN:
State of Karnataka by
Bantwal Rural Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Mohammad Iqbal,
Age 29 years,
S/o I.Hussain,
Occ:Coolie, R/o Innolli
Kadavu Mane, Post Pavoor,
Mangaluru Taluk-575 001.
2. Aboobakkar Siddique,
Age 26 years,
S/o Hasanabba,
Occ: Coolie, R/o Sujeer Mane,
Padu Village,
Bantwal Taluk-574 211.
3. Prakash Shetty,
Age 46 years,
S/o Late Narayana Shetty,
Occ:Coolie, R/o Kambrettu Mane,
Jappinamogadu Post,
Mangaluru Village-575 001.
...Respondents
(Respondents are served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 18.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.239/2016 wherein
37
the Special Court was pleased to transmit the records of
the case to Additional Civil Judge and JMFC Court,
Bantwal.
Crl.P.No.2668/2018
BETWEEN:
State of Karnataka by
Konaje Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. V.Sameer,
Age 37 years,
S/o Late Hasanabba,
Occ:Lorry Driver,
R/o Valachil Mane,
Adyar Village,
Mangaluru Taluk-575 001.
2. Ismail,
Age 29 years,
S/o Hasan,
Occ:Lorry Clearner,
R/o Pilikur Bhandasale Mane,
K.C.Road, Thalapadi Village,
Mangaluru Taluk-575 001.
...Respondents
(Notice to respondent dispensed with
V/o dated 28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 21.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.03/2018 wherein
38
the Special Court was pleased to transmit the records of
the case to Senior Civil Judge and JMFC, Bantwal.
Crl.P.No.2671/2018
BETWEEN:
State of Karnataka
By Punjalkatte Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Sirajuddin,
S/o. S.S. Hasanabba,
Ajad Nagara,
Arala Village,
Bantwala Taluk,
Dakshina Kannada -574211.
...Respondent
(Notice to respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 24.01.2018 passed by the Principal District
and Sessions Judge, D.K, Mangaluru in
Spl.C.No.1/2018 wherein the Special Court was pleased
to transmit the records of the case to Additional Civil
Judge and JMFC, Belthangady, D.K.
In Crl.P.No.2672/2018
BETWEEN:
State of Karnataka
By Sullia Police Station
Represented by State Public
39
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Ismail,
Age 35 years
S/o. Late Ibrahim,
R/o. Manjadabetta Mane,
Savanalu Village,
Belthangady Taluk -574214.
2. K. Mahammad Rafiq, 43 years
S/o. late K. Hussainabba,
R/o. House No.2-100,
Valabylu Mane, Adyaru Post and Village,
Mangaluru Taluk -575001. ...Respondents
(Notice to respondents served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 12.01.2018 passed by the Principal District
and Sessions Judge, D.K, Mangaluru in
Spl.C.No.4/2018 wherein the Special Court was pleased
to transmit the records of the case to Additional Civil
Judge and JMFC, Sullia.
Crl.P.No.2673/2018
BETWEEN:
State of Karnataka by
Surathkal Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
40
AND:
1. Sri Shankar Gowda,
Age 29 years,
S/o Rudrappa,
Occ:Lorry Owner,
R/o Hobalapura Village,
Chitradurga Taluk and District-577 501.
2. Sri.Nagaraja,
Age 24 years,
S/o Chandrappa,
Occ:Lorry Driver,
R/o Chikkajajur,
Holalkere Taluk
Chitradurga Taluk and District-577 501.
3. Sri.Lohith Kumar,
Age 26 years,
S/o Rangappa,
Occ: Lorry Driver,
R/o Near Eshwar Temple,
Konanur Village,
Dodlaghatta Post,
Chitradurga Taluk-577 501.
4. Sri.M.Devendraiah,
Age 45 years,
S/o Maheshwaraiah,
Occ: Lorry Owner,
R/o House No.1,
H.Basavapura,
Davanagere Taluk-577 001.
...Respondents
(Sri.P.P.Hegde, Advocate for R3
Notice to R1 and R2-served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 04.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.11/2017 wherein
41
the Special Court was pleased to transmit the records of
the case to I Additional C.J.M, Mangalore.
Crl.P.No.2674/2018
BETWEEN:
State of Karnataka
By Belthangady Police Station,
Represtend by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. G. Prasad,
Age 40 years,
S/o. Gangadhar Panikar,
R/o. Chitrakuta Mane,
Kadirudyavara Village,
Belthangady Taluk 574 211.
2. Lakshmana,
Age 28 years,
S/o. Lokaiah Kumbara,
R/o. Door No.1-282,
Kukkavu Koppa Mane,
Mittabagilu Village,
Killur Post,
Belthangary Taluk -574211. ...Respondents
(Notice to respondents served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 10.01.2018 passed by the Principal District
and Sessions Judge, D.K, Mangalore in
Spl.C.No.2/2018 wherein the Special Court was pleased
42
to transmit the records of the case to Principal Civil
Judge and JMFC, Belthangady, D.K. District.
Crl.P.No.2675/2018
BETWEEN:
State of Karnataka
Bajpe Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Sri. A.K. Haneef,
Age 47 years,
S/o. A.K. Shekhabba,
R/o House near Addur School,
Addur Village and post,
Mangaluru Taluk - 575001.
...Respondent
(Notice to respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 03.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.220/2018 wherein
the Special Court was pleased to transmit the records of
the case to II- JMFC, Mangaluru.
Crl.P.No.2676/2018
BETWEEN:
State of Karnataka
By Bantwal Rural Police Station
Represented by State Public
Prosecutor,
43
High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Sri. Mahammad Iqbal,
Age 29 years,
S/o. I. Hussain,
Occ: Coolie,
R/o Inoli Kadavu Mane,
Post Pavoor,
Mangalore Taluk -575001.
2. Sri. Aboobakkar Siddique,
Age 26 years,
S/o. Hasanebba,
Occ: Coolie,
R/o. Sujeer Mane,
Pudu Village,
Bantwal Taluk -574211.
3. Sri. Prakash Shetty,
Age 46 years,
S/o. Late Narayana Shetty,
Occ: Coolie,
R/o. Kambrettu Mane,
Jappinamogaru Post and Village,
Mangaluru -575001.
...Respondents
(Notice to respondents served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 18.01.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.239/2016 wherein
the Special Court was pleased to transmit the records of
the case to Additional Civil Judge and JMFC, Bantwal.
44
Crl.P.No.2677/2018
BETWEEN:
State of Karnataka
Belthangady Police Station.,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Sri.Hemanth Kumar,
Age 28 years,
S/o Kote Gowda,
R/at 1-95/1, Pulipaje House,
Puthuvettu Village,
Belthangady Taluk,
Dakshina Kannada-574 211.
...Respondent
(Notice to respondent is dispensed
with v/o dated 28.03.2019))
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 04.01.2018 passed by the Principal District
and Sessions Judge, D.K., in Spl.C.No.157/2017
wherein Special Court was pleased to transmit the
records of the case to the JMFC Court, Belthangady.
Crl.P.No.2875/2018
BETWEEN:
State of Karnataka
Bantwal Town Police Station.,
Represented by State Public
Prosecutor,
High Court Building,
45
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Ravishankar
S/O Late Damodhar Poojary
Occ Contractor,
R/O Simlaje Mane
Kalinja Mangila Padavu
Post, Veerakamba Village
Bantwal Taluk 574211.
2. Ganesh Chandra Bhat P
Aged 36 years,
S/O Venkatramana Bhat
R/O Parpaje Makaranda Mane,
Peraje Village
Bantwal Taluk
3. Ashishkumar
Age 25 years,
S/O Sathyakumar B K
R/O Adinja Mane
Alatti Village & Post,
Sulya Taluk
4. M Narayana
Aged 56 years
S/O Povappa Poojary
R/o Muttur Mane
Idkidu Village & Post
Bantwal Taluk
5. Rajesh Rai K
Age 29 years,
S/O Kuenna Rai
R/O Muliya Mane
Ajjavara Village
And Post, Sulya Taluk
46
6. Dayananda Poojary
Age 31 years,
S/o Krisnappa Poojary
R/o Kumbila Mane
Ananthadi Village
Bantwal Taluk.
7. Vishwanatha Poojary
Age 29 years,
S/O Thimmappa
R/O Keedanaru Mane
Ananthadi Village
Bantwal Taluk
8. Sathisha
Age 27 years,
S/O Damodar Gowda
R/O Kanaka Majalu Mane
Kanaka Majalu Village
And Post , Bantwal Taluk.
9. Chandrashasa
Age 39 years,
S/O Narayana Safalya
R/O Devasya Mane
Idkidu village
Bantwal Taluk.
...Respondents
(Respondents served and unrepresented)
This criminal petition is filed under Section 482 of
Code Of Criminal Procedure praying to set aside the
order dated 29.01.2018 passed by the Principal District
And Sessions Judge, D.K., in Spl.C.No.178/2017
wherein Special Court was pleased to transmit the
records of the case to the Additional Civil Judge And
JMFC, Bantwal.
47
Crl.P.No.2876/2018
BETWEEN:
State of Karnataka
Mangaluru Rural Police Station.,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Haneef H.G.,
Aged 46 years,
S/o Esubu,
Occ: Driver,
R/o Lathif Manzil,
Alaadi Kottige, Kuvettu Village,
Guruvayanakere Post,
Belthangady Taluk,
Dakshina Kannada-574 211.
...Respondent
(Respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 24.01.2018 passed by the Principal District
and Sessions Judge, D.K., in Spl.C.No.156/2017
wherein Special Court was pleased to transmit the
records of the case to the JMFC III Court, Mangalore.
Crl.P.No.2878/2018
BETWEEN:
State of Karnataka
Mangaluru Rural Police Station.,
Represented by State Public
Prosecutor,
48
High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Abdul Rahiman,
Aged 53 years,
S/o Abdulla,
Occ:Driver,
R/o Badriya Manjail,
Shivanagar,
Mudusedde, Mangalore-575 001.
...Respondent
(Notice to respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 30.01.2018 passed by the Principal District
and Sessions Judge, D.K., Mangalore in
Spl.C.No.113/2017 wherein Special Court was pleased
to transmit the records of the case to the III-JMFC,
Mangalore.
Crl.P.No.3152/2018
BETWEEN:
State of Karnataka
Karkala Rural Police Station.,
Karkala, Udupi District,
Represented by State Public
Prosecutor,
High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
49
AND:
Sri.Vinayak Kamath,
Aged about 37 years,
S/o Umanath Kamath
Residing at Annappa Nivas
Kedinje Post, Karkala Taluk-574 104.
...Respondent
(Notice to respondent served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 15.02.2018 passed in FIR No.5/2018 on
the file of the II Additional Civil Judge and JMFC,
Karkala.
Crl.P.No.3153/2018
BETWEEN:
State of Karnataka
Kavoor Police Station.,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Mallesha @ Mallappa,
Aged 32 years,
S/o Ningappa,
Occ:Driver,
R/o Bappargi Manalu Village,
Humsi Taluk,
Yadgir District-585 201. ...Respondent
(Notice to respondent served and unrepresented)
50
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 08.12.2017 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.221/2016 wherein
the Special Court was pleased to transmit the records of
the case to II- JMFC, Mangaluru.
Crl.P.No.3154/2018
BETWEEN:
State of Karnataka
Bantwal Rural Police Station.,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Mohammed Sali, B.K,
Aged 57 years,
S/o Hammabba.B.K,
R/o H.A. Residency near
Rehamaniya Masjid,
Doddanagudda Kunjibettu,
District Udupi, Udupi-576 101.
2. Abdul Shareef,
Aged 26 years,
S/o Mohammed,
R/o Kawalpadoor Buntwala Taluk,
Dakshina Kannada-574 211.
3. Basheer V.H.,
Aged 49 years,
S/o Hasanabba,
R/o Vas Lane,
Balmata, Mangalore,
Dakshina Kannada-574 211.
51
4. Mohammed Shareef,
Aged 31 years,
S/o Mohammad T.,
R/o Kawalkatte Buntwala
Mooda, Buntwala Taluk,
Dakshina Kannada-574 211.
5. Sampath Shetty,
Aged 37 years,
S/o Sanjeeva D Setty,
R/o Jappuguddeguthu House,
Jappinamorggaru Post,
Kankanady Mangalore,
Dakshina Kannada-574 211.
6. Zakir Hussain,
Aged 36 years,
S/o Mohammed,
R/o Kavarkatte Allangala,
Hosuse, Bantwala Taluk,
Dakshina Kannada-574 211.
. ...Respondents
(Respondents served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 23.02.2018 passed by the Principal District
and Sessions Judge, D.K in Spl.C.No.20/2017 wherein
the Special Court was pleased to transmit the records of
the case to Additional Civil Judge and JMFC Court,
Bantwal.
Crl.P.No.3981/2018
BETWEEN:
State of Karnataka
By Sub-Inspector of Police,
Karkala Town P.S.,
Karkala, Udupi District,
52
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Sri.Praveen B.Poojary,
Aged about 42 years,
S/o Bhoja Poojary,
Residing at Majal Hosamane,
Nitte Village and Post,
Karkala Taluk, Udupi District-574 104.
Rep by GPA holder
Somanth Shetty,
Aged about 37 years,
S/o late Jayarama Shetty,
R/o at Kolpalke, Near Raghavendra matt,
15th Tellar Cross Road, Karkala Kasaba Village,
Karkala Tq,
Udupi District
...Respondents
(Notice to respondent is dispensed
with v/o dated 28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 28.02.2018 passed by the Principal Civil
Judge and JMFC, Karkala in FIR No.31/2018 wherein
the trial Court was pleased to allow the application filed
under Section 451 and 457 of Cr.P.C.
Crl.P.No.4426/2018
BETWEEN:
State of Karnataka
Bantwal Rural Police Station,
Represented by State Public
53
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Ahamed Bava K S,
Aged about 41 years,
S/o Sanhi,
R/at Arabanagudde House,
Thumbe, Bantwal Taluk,
Mangaluru District-574 211.
2. Abdhul Nawaz @
Abdhul Nawal,
S/o Ahammad,
R/at Kawalpadoor Village,
Karinija Post,
Bantwal Taluk,
Mangaluru District-574 211.
3. Smt.Fathima,
Aged about 33 years,
H/o: Mohammad Shareef,
R/at: Thumbe Post,
Bantwal Taluk,
Mangaluru Distrit-574 211.
4. Lathif @ Abdhul Lathif,
Aged about 37 years,
S/o Bhoja Poojary,
Residing at Majal Hosamane,
Nitte Village and Post,
Karkalla Taluk,
Udupi district-574 201.
5. Ahamed Hussain.P.,
Aged about 46 years,
Son of Abdul Khadar B.K.,
R/at: Kumpalamajalu Huse,
54
Parangipet, Bantwal,
Mangaluru District-574 211.
6. Mohammad Rafeeq K,
Aged about 34 years,
S/o Sheik Subjhon Shaheb,
R/a:Kawalpadoor,
Kawalkatte Post,
Bantwal Taluk,
Mangaluru District.
...Respondents
(Notice to respondent is dispensed
with v/o dated28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 02.02.2018 passed by the Principal District
and Sessions Judge, D.K, Mangalore in
Spl.C.No.2/2017 wherein the Special Court was pleased
to transmit the records of the case to Additional Civil
Judge and JMFC Court, Bantwal.
Crl.P.No.4427/2018
BETWEEN:
State of Karnataka
PSI, Uppinangady Police Station,
Represented by State Public
Prosecutor,
High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
1. Nawaz Hussain,
Aged abut 32 years,
Son of late Ismail
R/o: Ajilamogeru Mane,
55
Maninalkuru Village,
Bantwal Taluk-574 211.
2. Ashraf,
Aged about 30 years,
Son of Ibrahim,
R/o: Kudugadde Mane,
Barya Village,
Belthangady Village,
Lorry No.KA.19-D-8924,
Nedar Driver: 574 214
3. Abdul Mazid,
Aged about 31 years,
Son of B.Mohammed,
R/o: 1/73, Kannur,
Mangaluru Taluk-574 214.
4. Rajesh.A.,
Aged about 27 years,
Son of Ananda Poojary,
R/o: Kanapada Mane,
Navoor Village,
Bantwal Taluk-574 211.
5. Adam,
Aged about 40 years,
Son of Ahamed,
R/o Store Mane,
Kalleri Thannirupantha Village,
Belthangady Taluk-574 214.
...Respondents
(Respondents served and unrepresented)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 16.03.2018 in PCR No.106/2018 passed
by the Principal Senior Civil Judge and JMFC,
Belthangady wherein the trial Court was pleased to
allow the application.
56
Crl.P.No.4438/2018
BETWEEN:
State of Karnataka
Police Station,
Represented by State Public
Prosecutor, High Court Building,
Bengaluru-1.
...Petitioner
(By Sri.S.Rachaiah, HCGP)
AND:
Abdul Munaf Khan Hakeem,
Aged 35 years, S/o Dilawar Khan,
R/o In side Murtuza, Kadari,
Darga, Kirtinagar, Bijapur,
Presently residing at Flat No.S 4,
Khane Silent Medow, Rahul Nagar,
Manipal, Udupi Taluk and District-574 101.
...Respondent
(Notice to respondent is dispensed
with v/o dated28.03.2019)
This Criminal Petition is filed under Section 482
of Code of Criminal Procedure praying to set aside the
order dated 22.03.2018 passed by the I Additional Civil
Judge and JMFC, Udupi in Cr.No.344/2017 of
Brahmavara Police Station, wherein the trial Court was
pleased to allow the application filed under Sections
451 and 457 of Cr.P.C.
These Criminal Petitions coming on for Orders
this day, the Court made the following:
57
ORDER
In all these petitions Surathkal police have registered a FIR against accused persons for the alleged offences punishable under Sections 4(10)(A) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 21 (1)(2)(3)(4), 23, 24 of MMDR Act and under Sections 468, 471, 379, 420 read with Section 149 of IPC.
2. After completion of investigation, charge- sheets came to be filed in respective cases and jurisdictional magistrate has passed committal orders and accordingly, cases came to committed to the Special court. However, the jurisdictional special Court, namely, Principal District and Sessions Judge having registered the same as special cases, has re- transmitted the records to the jurisdictional Magistrate Courts to examine the records and proceed against the accused persons in so far as the allegations pertaining to the provisions of Indian 58 Penal Code are concerned by reserving liberty to the department of Mines and Geology to proceed against the accused persons upon compliance of mandate Section 22 of Mines and Minerals (Development and Regulations), Act read with Section 202 of Cr.P.C namely, on filing complaint under Section 22 of MMDR Act. Same is under challenge in the present writ petitions by the State, contending inter-alia, at the first instance, Sessions Court erred in holding that it had no jurisdiction to consider the case in view of the bar contained in Section 22 of MMRD Act. It is also contended that learned Sessions Judge erred in not considering that allegations made in the instant case relates to composite offences punishable both under MMDR Act and IPC and as such, learned Sessions Judge would not have held that it has no jurisdiction to entertain the proceedings in view of the bar contained under Section 22 of MMDR Act. It is further contended that bar contained under Section 22 of MMDR Act only applies insofar as said offences 59 under the Act are concerned and when the offences alleged are of penal nature for a composite part of the allegations made under MMDR Act and as such, it ought not to have held that Section 22 would be a bar insofar as proceeding further against accused is concerned.
3. Heard Sri.P.P.Hegde, Sri.Jeevan.K and Sri. Arun Shyam learned counsel appearing for some of the respondent-accused and they would support the order passed by the learned Sessions Judge.
4. Having heard the learned advocates appearing for both the parties and on perusal of the case papers it emerges there from that respective accused persons have been charge-sheeted for the offences punishable both under Mines and Minerals (Development and Regulation) Act, 1957 as well as under provisions of Indian Penal Code. In so far as allegations regarding violation of provisions of MMDR Act is concerned, there cannot be any dispute to the 60 proposition that if the offences committed under the said Act, a complaint is required to be filed under Section 22 of the MMDR Act by the competent or concerned officer and in the absence of such complaint being lodged, proceedings cannot be conducted in so far as the said offences are concerned based on a police report. This proposition of law receives support of dictum laid down by the Hon'ble Apex Court in the case of NCT of Delhi V/s. Sanjay reported in AIR 2015 SC 75.
5. In the light of the aforesaid settled position of law, when the facts on hand are examined, it would indicate that undisputedly there was no complaint filed by the competent officers as prescribed under Section 22 of MMDR Act. Further, the jurisdictional Magistrate had taken cognizance of the offence based on the police report which relates to both the offences viz., under Section MMDR Act and also under the provisions of IPC. However, the jurisdictional 61 Magistrate after having noticed that the provisions of MMDR Act had been invoked by the prosecution it had committed said proceedings to the special Court on the premise that offences punishable under Section MMDR Act are exclusively triable by the Special Court. However, jurisdictional Sessions Court has noticed that it would have no jurisdiction to entertain these cases arising under provisions of MMDR Act without compliance of Section 22 of the Act and for the offences under the IPC i.e. Sections 468, 379, 420 read with Section 34 IPC are triable by the Jurisdictional Magistrates.
6. In this background, the learned Judge of Special Court has held it has no jurisdiction to try the accused for the alleged offences under MMDR Act or rules made thereunder and as such, has transmitted the records back to the jurisdictional Magistrate and directed the accused to appear before the said Court on receipt of fresh summons. There is no error 62 committed by the learned Sessions Judge in this regard, in as much as, in the absence of a complaint being filed for the offences alleged under Section 22 of MMDR Act by the competent officer or authorized officer as prescribed under Section 22 of the MMDR Act, Sessions Court would not get jurisdiction to take cognizance for said offences and would have no jurisdiction at all in so far as offences punishable under Indian Penal Code provision invoked in the cases as they are exclusively triable by the Magistrate. As such, the matter has been rightly remitted back to the learned Magistrate and in this background, learned Magistrate would be empowered to pass appropriate orders including the continuation of proceedings under the provisions of MMDR Act by considering the law laid down by the Hon'ble Apex Court in the case of NCT of Delhi V/s. Sanjay reported in AIR 2015 SC 75 referred herein supra, including passing the order for discharging the accused for the said offences i.e. for the offences 63 punishable under MMDR Act, in view of there being no complaint filed under Section 22 of the Act and of course, by reserving liberty to the department of Mines and Geology to file appropriate complaints if so advised in that regard before the jurisdictional Court. The learned Magistrate would also be at liberty to pass such other suitable orders as deemed fit in the event of such complaints being filed.
Subject to above observations, these petitions stands disposed of.
Sd/-
JUDGE SB